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2007 Assessment

France: Integrity Indicators Scorecard

France: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	85
19	Are elections systems transparent and effective?	92

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: The Constitutional Council monitors the election of the President of the Republic and referendums (articles 58 and 60 of the 1958 Constitution) [ LINK ]/html/constitution/constitution2.htm#titre7" target="_blank">[ LINK ]

In case of contention it gives rulings on the lawfulness of the parliamentary elections. Commissions for the control of electoral operations monitor electoral offices locally. The administrative tribunals are also competent for electoral litigation (Electoral Code, http://www.legifrance.gouv.fr).

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: The Constitutional Council has formal organizational independence from the bodies or persons contesting the election. Incompatibilities exist between membership of the Constitutional Council and electoral mandates. Its members pledge to carry out their functions wih impartiality. The independence of the administrative tribunals is a constitutional principle. Administrative tribunals have formal organizational independence from the bodies or persons contesting the election.

References: 1958 Constitution;

Decree 59 -1292 of Nov. 13, 1959 [ LINK ],

Article 7 of Organic Law 95-63 of Jan. 19, 1995 [ LINK ];

Decision of the Constitutional Council 80-119 DC of July 22, 1980 [ LINK ]

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: The former presidents of the Republic are members for life of the Council. This currently includes former Presidents dEstaing and Chirac. In addition there are nine appointed members. Three are appointed by the president of the Republic, three by the president of the Senate and three by the president of the National Assembly. Because of this mode of appointment, observers have criticized the political nature of the institution. A constitutional councilor had to resign in 1999 because of his involvement in a corruption-related cause. On the other hand, some of the most eminent jurists of the country are or have been members of the Constitutional Council and contribute to its prestige. The administrative judges come in their majority from the National School of Administration (ENA).

References: Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien

Web-site of the Constitutional Council, [ LINK ]

Peer Review Comments: The former Presidents of the Republic are members for life of the Council. This membership currently includes former presidents Valery Giscard d'Estaing and Jacques Chirac.

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments: The jurisdictions and commissions monitoring the elections are generally well-staffed, although there are recurrent calls for more resources and personnel in the justice sector.

References: Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

René Chapus, Droit Administratif Général, Tome 1, 15e edition, 2001, Montchrestien

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments: Comprehensive reports on elections are available on the web-site of the Constitutional Council. Further material is available on other official web-sites, for example the list of supporters of the candidates for the presidential elections ([ LINK ]).

References: Web-site of the Constitutional Council, [ LINK ];

French Legal Portal [ LINK ];

French Official Bulletin, [ LINK ]

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: The electoral authorities can cancel elections, declare inadmissibilities.

References: Gilles Guglielmi, Violer une disposition législative du Code électoral n'est pas une atteinte grave au droit de suffrage, April 20, 2007 [ LINK ]

Dmitri Georges Lavroff, Le droit constitutionnel de la Veme Republique, 3rd edition, Dalloz, 1999

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments: Citizens need to enroll in the electoral registry. In the past, there have been occasional allegations and findings of electoral fraud in some places, most notably Paris and Corsica.

References: Unita Naziunale, Fraude électorale généralisée en Corse? March 28, 2007;

Arritti, La face cachée de l'iceberg, 2003

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments: Election results can be challenged through the Constitutional Council, which acts as a jusrisdiction, or through the administrative courts.

References: Constitution of 1958, art. 58, 59, 62 and 63; Electoral Code

Peer Review Comments: Election results can be challenged through the Constitutional Council, which has jurisdiction, or through the administrative courts.

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

References: Gilles Guglielmi, Violer une disposition législative du Code électoral n'est pas une atteinte grave au droit de suffrage, April 20, 2007, [ LINK ];

Conseil Constitutionnel, Cahiers, No23, Décisions des 28 juin, 12 juillet et 26 juillet 2007 sur des réclamations dirigées contre les élections législatives, [ LINK ]

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments:

References: Ministry of the Interior, Fonctionnement d'un bureau de vote, September 2005, [ LINK ];

Conseil Constitutionnel, Election Présidentielle 2007, [ LINK ]

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: Electoral Code, articles L54 to 70, L85-1, R42 to R71, R93-1 to93-3, [ LINK ]

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Ministry of the Interior, Fonctionnement d'un bureau de vote, September 2005, [ LINK ];

Conseil Constitutionnel, Election Présidentielle 2007, [ LINK ]